Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 81) sur l'inspection du travail, 1947 - Burkina Faso (Ratification: 1974)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the indication in the Government’s report that in the majority of the 13 Regional Directorates for Labour and Social Security, inspections of workplaces are conducted in accordance with inspection plans, which are determined three times a year, and that conciliation sessions are held by labour inspectors during their free days without interfering with the inspection plans. It also notes the Government’s reference to a rotation system in the regional directorates of Ouagadougou and Bobo-Dioulasso, where labour inspectors assume the functions of inspection, conciliation and statistics, each for a period of six months, before being rotated. The Committee understands that, in the view of the Government, the fact that the functions of inspection and conciliation are not carried out over the same period acts as a safeguard in ensuring that the functions of conciliation do not interfere with the effective discharge of the primary duties of inspectors, nor prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers. However, the Committee notes from the information in the annual report on the work of the labour inspection services for 2007 that the labour inspection services inspected 1,345 enterprises and handled 2,771 cases of individual, as well as 43 cases of collective labour disputes. In view of the large quantity of labour disputes compared with the number of inspections carried out, the Committee wishes to draw the Government’s attention to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the function of labour inspectors should not include that of acting as conciliators, or arbitrators in proceedings concerning labour disputes. The Committee emphasizes, in paragraph 72 of its 2006 General Survey on labour inspection, that the time and energy that labour inspectors spend on seeking solutions to collective labour disputes, especially in a situation in which resources are scarce, is often at the expense of the performance of their primary duties, as defined in Article 3(1) of the Convention. The Committee asks the Government to provide up-to-date information on the proportion of time spent on supervisory activities in relation to conciliation duties. It asks the Government to consider the adoption of legislative and practical measures (such as the transfer of conciliation functions to a conciliation body established for that purpose) to relieve labour inspectors of conciliation duties so that they can resume their primary duties, as defined in Article 3(1) of the Convention, with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection, and thereby contributing to the prevention of situations that may give rise to labour disputes.

Articles 3(1)(b) and 5. Preventive activities. The Committee notes with interest the information in the general report on labour inspection for 2007 that the Directorate General for Labour and the Regional Directorates for Labour and Social Security facilitated several workshops and training seminars in 2007 for trade unions and employers’ organizations, including in some large enterprises. The subjects covered included the interpretation of the provisions of the Labour Act and the Social Security Act, in particular those relating to employment contracts, occupational safety and health (OSH) and the right to organize and collective bargaining. The Committee asks the Government to provide further details on the preventive activities carried out and, where applicable, the collaboration with workers’ and employers’ organizations in this regard. It would be grateful if, in addition to providing information on training activities for workers at the enterprise level, workshops and seminars (number and duration, the subjects covered, number of participants), the conduct of awareness-raising campaigns, etc. Please also indicate whether any preventive measures have been taken in sectors with a high incidence of industrial accidents, such as the manufacturing industry.

Articles 6 and 7. Conditions of service, initial and subsequent training of labour inspectors. The Committee notes the Government’s indication in its report that both labour inspectors and controllers carry out inspection duties as defined by Article 3(1) of the Convention. It also understands from the information in the general report on labour inspection for 2007, that inspectors with the grade of labour inspector and labour controller are recruited through competitions. The Committee notes with interest the detailed information on the comprehensive initial training provided to new recruits at the grades of labour inspector and controller in two-year courses at the National School of Administration and Law (ENAM), which cover a broad range of subjects, including specialized training on occupational medicine, OSH, procedural aspects of labour law, report writing, etc. However, the Committee notes that, according to the general report on labour inspection for 2007, there is a lack of specialized training during their employment, which limits the quality of the interventions by labour inspectors. It also notes the indication that the current situation is not conducive to retaining staff within the labour inspection services.

The Committee asks the Government to indicate the distribution of functions between labour controllers and labour inspectors. Please also indicate the conditions of service of these categories (pay, subsistence allowances, career opportunities, merit bonuses, etc.) in relation to other categories of public officials with comparable duties and responsibilities. The Committee would be grateful if the Government would also communicate any relevant text in this regard.

It also asks the Government to provide information on the training provided to labour inspectors in the course of their employment (subjects covered, number of participants, duration, etc.).

Articles 10 and 11. Human and material resources available for the effective discharge of the labour inspection functions. The Committee notes that there is no up-to-date information on the number of labour inspectors which the Government, according to the indications in its last report in 2008, planned to increase. It notes the Government’s indications in its report that motorbikes and other vehicles are provided to labour inspectors and controllers for inspections, and that each of the 13 regions has at least one motorbike. In response to the Government’s request in this regard, the Committee notes the Government’s reference to Decree No. 2008-663/PRES/PM/MEF of 22 October 2008 on the reimbursement for public servants of missions to the interior of the country, which was not attached to the Government’s report. The Committee further notes that a draft decree on the benefits in kind granted to labour inspectors under section 392 of the Labour Code is currently being prepared in cooperation with labour inspectors and controllers. The Committee would be grateful if the Government would provide up-to-date information on the number of labour inspectors and the material means available to them (computers, printers, telephone, fax) in the regional directorates, and the number and type of transport available.

The Committee requests the Government to provide a copy of the Decree to which the Government referred on coverage of the travelling expenses of labour inspection staff, as well as a copy of the abovementioned decree on the benefits in kind granted to labour inspectors, when it has been adopted.

Articles 5(a), 17 and 18. Effective enforcement of breaches of the legislation covered by the Convention. Cooperation with the justice system. The Committee notes from the general report on labour inspection for 2007 that 1,345 inspections were carried out affecting 24,904 workers, in the course of which a total of 6,844 infringements were detected by labour inspectors. The Committee notes, however, the information in the general report on labour inspection for 2007 that, while labour inspectors issued compliance orders in the case of observed infringements, no fines were imposed and in no case was the closure of an establishment ordered. According to the assessment in the general report on labour inspection for 2007, this could be explained by the lack of a form at the disposal of labour inspectors for the imposition of fines in cases of violations. Furthermore, information is missing on the number of cases submitted to the judicial authorities for violations of legal provisions relating to the conditions of work and protection of workers. The Committee requests the Government to take appropriate measures to ensure that legal provisions relating to the conditions of work and the protection of workers are effectively enforced and to provide information on any progress made in this regard. If applicable, please also provide information on any difficulties encountered.

The Committee asks the Government to provide statistical information on the number of violations detected, the legal provisions to which they relate, the number of cases submitted to the courts and their outcome (nature of the sanctions applied, amount of fines imposed, etc.). Please include such information in the annual reports on labour inspection.

Please also indicate any measures taken or envisaged to enhance effective coordination and cooperation between the labour inspection services and the judicial authorities (such as training, consultations, joint meetings, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the inspectorate. The Committee notes the information in the general report for 2007 that 1,508 accidents were declared to the National Social Security Fund (NSSF), and that, of these, 242 cases were investigated by labour inspectors. According to the information in the general report for 2007, the low number of investigations can be explained by the fact that the opinion of the labour inspectorate for the determination of the nature of the accident is only required under certain conditions. The Committee notes that, under the terms of article 246 of the Labour Code, which sets out the obligation of the employer to declare industrial accidents and cases of occupational disease to the NSSF and to the labour inspectorate, the modalities of this obligation are to be set out in accompanying laws. In this regard, the Committee notes that Decree No. 2009 270/PRES/MFPRE/MEF/MTSS/MJ/DEF of 7 May 2009, which is available at the ILO, contains a detailed list of cases of occupational disease. The Committee notes, however, that only four cases of occupational disease were reported to the labour inspection services in 2007, and that only one medical practitioner was working at the labour inspectorate in 2007.

The Committee would be grateful if the Government would provide a copy of any texts issued under article 246 of the Labour Code, and to describe in detail the procedure for the notification and registration of industrial accidents and cases of occupational disease, including the manner in which the labour inspectorate is notified of such incidences so as to investigate them and take measures to prevent their recurrence. The Committee would be grateful if the Government would provide an assessment of the cause of the low number of occupational diseases reported and whether it is envisaged increasing the number of occupational physicians working within the labour inspection services.

The Committee also requests the Government to provide information and data on the preventive action taken by the labour inspectorate with a view to remedying defects observed in workplaces which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, including measures with immediate executory force in the event of imminent danger to the health or safety of the workers, as provided for in Article 13 of the Convention.

Articles 20 and 21. Publication and communication of annual reports on the work of the labour inspection services. The Committee notes with interest that, following its repeated comments over two decades under these Articles, the Government has communicated an annual report on the work of the labour inspection services to the ILO, which contains information on the subjects covered by Article 21(a)–(g) of the Convention. The Committee notes that, according to the information in the Government’s report which concerns the year 2007, as at 31 December 2007 there were 24,969 employers (enterprises and establishments) registered in the NSSF, with 190,419 workers employed therein, which is however only less than 50 per cent of the potential workforce covered by the NSSF. Further to the Government’s indications in its last report on the creation in 2006 of a statistics directorate, entrusted with the establishment of a register of enterprises in cooperation with other concerned institutions, it notes the Government’s request for technical assistance for the conduct of a comprehensive census of enterprises liable to inspection. It also notes with interest the information that new inspection forms have been developed and have been placed at the disposal of labour inspectors in the 13 regions, which the Committee understands will enable a better collection of data on labour inspections. Furthermore, the Committee understands that the Government has requested technical assistance from the Office for the organization of training for labour inspectors on data collection in the framework of the ILO technical cooperation International Labour Standards Time-Bound Programme. The Committee asks the Government to provide information on the progress made with the establishment of a register of enterprises, if applicable, with ILO technical assistance. The Committee hopes that the Government will continue to make every effort to ensure that an annual inspection report is published and sent to the ILO, within the time limits set out in Article 20 of the Convention, containing the information required by Article 21(a)–(g).